Family Law Questions? Ask a Family Lawyer Online.
Hello, my name is XXXXX XXXXX I will be assisting you today.
Once a person has retained an attorney, the opposing attorney is no longer permitted to have contact with the represented individual. Your attorney should provide you with copies of everything of which he is served.
May I ask why you are resistant to having papers served to your attorney?
You were given correct information. Once a person has retained an attorney, it is unethical for opposing counsel to communicate directly with a represented party. All communications, including the service of papers goes through the attorneys; and, attorneys are responsible for accepting service unless and until they withdraw as counsel.
Are you asking if your attorney can still accept service until April 14?
Yes, your attorney is permitted to make it official that you were served by preparing and completing a "Certificate of Service", which states the date, manner and the address at which you were served.
Since your attorney is planning on withdrawing, you should request that your attorney send you copies of both motions immediately.
I apologize, I am confused as to what information you are actually looking to obtain. I cannot tell you whether your attorney forgot to tell you if he was going to serve you. But as I started earlier, your attorney is required to accept service on your behalf for as long as he is representing you. Your attorney is also responsible for keeping you informed of the progress and status of your case, which includes making you aware and providing you of copies of Motions which opposing counsel files.
If your attorney if going to withdraw, he is required to provide you notice of his motion to withdraw which will provide you notice of the date on which the motion will be heard.
Yes it is very typical to inform a client by serving him. However, a text message and a voice mail do not typically constitute service. You need to be served with copies of the Motions.
It is typical for an attorney to serve his/her won client so the client can't deny being notified. It is not typical for opposing counsel, who knows a party is represented, to also serve the party, as that can be considered having communications with the opposing party, which is unethical.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).